BAPNA, J.—This is a revision against a decree of the Judge, Small Cause Court, Jaipur, dated 30th April, 1952.

2. The respondent gave on lease certain house property to the petitioner on Baisakh Sudi 2, Svt, 2003 (3rd May, 1946) on a monthly rent of Rs. 2/8/-per mensem. On the 28th of August, 1951, the respondent gave notice to the petitioner that he should vacate the house within one month, failing which damages for use and occupation at the rate of Rs. 2/- per day would be charged. He filed a suit on the 11th of December, 1951, for recovery of Rs. 30/- by way of rent from Asoj Sudi 2, Svt. 2007 to Asoj Sudi 1, Svt. 2008, and thereafter damages at Re. 1 /- per day till the date of the institution of the suit. The defendant pleaded that he was ever ready and wiling to pay the rent and had even transmitted the rent by money orders, but the plaintiff did not accept it, and that there was no cause of action for the suit. The learned Small Cause Court Judge, after evidence, decreed the suit. Hence this revision.

3. The learned Judge proceeded on the view taken in Hanuman Bux vs. Dev Dutt (1) (AIR 1952 Raj 111). This decision has, however, been over ruled by Hans Raj vs. Gappulal and anot

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